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Palestine Presentation PALESTINE PRESENTATION freedom of assembly in the Euro-Mediterranean region. This review is part of a larger two-part study on Following an overview of the international standards relating to the freedom of assembly, Part I examines the legal frameworks in 11 countries of the Mediterranean and in the European Union and their compliance with international human rights standards. Part II examines the implementation of laws and the exercise of the freedom of assembly and demonstration in practice. In order to assess the compliance of national legislations with international standards relating to the exercise of freedom of assembly, objective indicators were used as a reference throughout this study. A gender-sensitive approach was incorporated to determine whether women enjoy freedom of assembly to the same extent as men or face more restrictions. This study was conducted in consultation with members of the Euro-Mediterranean Human Rights Network (EMHRN), which includes 80 human rights organizations in 30 countries. It thus reflects the active involvement of EMHRN’s working group members on freedom of association and assembly, PRACTICES as well as other civil society organizations and experts. The study is meant to provide human rights defenders, civil society organizations, international organizations, and state institutions with an analysis that allows them to compare national laws and policies with those of other countries and assess their conformity with international conventions, with a view to advocating for reforms and guaranteeing freedom of assembly across Euro-Mediterranean area. FREEDOM OF ASSEMBLY ‑ FREEDOM OF ASSEMBLY ‑ The chapters are also available separately: Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco and Western Sahara, Palestine, Syria, Tunisia, Turkey, and the EU. EMHRN2014 EMHRN2014 Introduction The right to freedom of peaceful assembly is central for Palestinians: it enables them to voice their opinions to Palestinian authorities – the Fatah-led Palestinian Authority (PA) in the West Bank and the Hamas de facto administration in Gaza. This right also plays a decisive role in the occupied territory, as Palestinians have no other means – for instance, through voting – to formulate their aspirations and grievances to the Israeli occupying power. In practice, the complex legal framework governing freedom of peaceful1 assembly makes it very difficult for Palestinians to exercise their legitimate rights and freedoms. In recent years, the rights of peaceful assembly of political opponents or those suspected of expressing dissent have frequently been unduly restricted in areas under the full authority of the PA. Protests organised by Fatah supporters or those seen as belonging to the opposition have also been subject to undue restrictions by the Hamas authorities in the Gaza Strip. In the Occupied Palestinian Territory (OPT), the right to freedom of peaceful assembly is at risk: despite the Oslo Accord limiting Israel’s security control to parts of the West Bank only, Israeli military orders are largely enforced in the whole West Bank. In the OPT, Israeli soldiers and security forces have repeatedly resorted to unnecessary and disproportionate force against demonstrators, causing grave human rights violations, including extrajudicial killings and serious injuries. Despite these serious obstacles to the exercise of peaceful assembly, Palestine is today at a critical juncture in its history where violators of internationally recognised human rights law may be soon held accountable. On 2 April 2014, Palestinian President Mahmoud Abbas signed letters of accession to a series of major international human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the four Geneva Conventions of 1949. Although it is clear that the Palestinian authorities already have human rights obligations under customary law, this important positive development should pave the way for greater respect of human rights in Palestine. This report covers human rights violations committed by both Palestinian and Israeli security forces. In the interest1. Restrictions of clarity, these Imposed violations on Freedom are treated of in Assembly successive paragraphs. Palestinian Public Assemblies Law No. 12 of 1998 In the West Bank and in Gaza, the Implementing Regulations of the prohibits the holding of any protest in “areas of tension”. Given the location of the Annexation Wall on Palestinian land and the abundant Israeli military checkpoints, Palestinians face significant challenges to protest as many areas can be considered to be areas “of tension”. On some occasions, demonstrations have also been restricted because the authorities disliked the message they intended to deliver. For instance, in March 2011, the Hamas authorities refused to grant a permit to peaceful protesters calling for political reconciliation and2 sealed off access to public squares and universities where demonstrations were supposed to take place. Israeli Military Order 101 In the occupied territory, one of the most common restrictions emanates from – stipulating that any gathering of 10 or more persons, in a public or private space, where opinions are voiced for a “political purpose or for a matter that may be construed as political” requires a permit from a military commander – which, de facto prohibits the holding of any spontaneous demonstration. In practice, Palestinians generally do not apply for such a permit from an Israeli military commander as they fear they would never obtain it. In Gaza, Israeli forces have on occasions, as described below, also restricted peaceful assembly and resorted to force to disperse protesters taking part in protests against the Buffer Zone in access-restricted areas. Regional Study on the Right to Freedom of Assembly in the Euro-Mediterranean Region Legislative review 1 Euro-Mediterranean Human Rights Network (EMHRN), – , November 2013, Palestine chapter: http://www.euromedrights.org/eng/wp-content/uploads/2013/11/ FOA2013_EN_PALESTINE1.pdf 2 Human Rights Watch, 19 March 2011, http://www.hrw.org/fr/news/2011/03/19/gaza-stop-suppressing-peaceful-protests 2 EMHRN2014 ‑ FREEDOM OF ASSEMBLY ‑ PRACTICES In 2014, the Euro-Mediterranean Human Rights 3Network published a report on how restrictions on these fundamental2. Facilitation freedoms of Assemblies also affect by women. the Authorities Palestinian legislation The governing public assemblies contains some4 provisions favouring the holding of peaceful assemblies, in compliance with international standards. Nevertheless, the political division between the Palestinian Authority in the West Bank and the Hamas-led government in Gaza, from 2007 to June 2014, has led to a worsening environment for the protection of fundamental freedomsIsraeli in legal both frameworkareas. The in the OPT does not foresee facilitating the right of peaceful assembly. Instead, Israeli forces have for years declared areas where demonstrations had been planned as “closed military zones”, blocked the roads leading to these sites, and granted Israeli forces the legal tools to arrest and prosecute peaceful demonstrators. This situation is particularly alarming in villages like Nabi Saleh or Bil’in, declared “closed military zones” by the Israeli authorities for the first time in 2010, after some individuals called for protests against the construction of the Wall or illegal Israeli settlements. From 17 June to 8 July 2011, four planned demonstrations in Nabi Saleh, including a gathering5 of children in costumes flying kites, were declared an “unlawful assembly” before they took place. The fact that the order declaring the whole village of Nabi Saleh6 as a “closed military zone”7 was signed every week, before the demonstrations could take place and in absence of violence, constitutes a blatant violation to the right of peaceful assembly. � Even though some past protests might have resulted in stone throwing by a few protesters, PALESTINE this cannot be used as a pretext for pre-empting every single demonstration, as it would otherwise constitute a collective punishment. This has been highlighted by the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression in his country report to Israel and the Occupied Palestinian Territories “intimidate and collectively punish villagers on the site of demonstrations through nightin 2012. raids, In thisusing report, sound he or expressedgas bombs concernaimed at at villagers’ allegations houses that and Israel declaring Defence an Forces entire � village(IDF) a closed military zone”. 8 Infringements of the right to freedom of peaceful assembly also occur online. On 6 November 2013, the Israeli Occupation Forces arrested several online activists who were calling for a protest in Jerusalem on a Facebook web page. Most of the activists were quickly released, but they were 9forced to sign pledges promising they would not publish similar calls on social media in the future. Palestinian women’s rights in EU-Israel and EU-PA relations 3 EMHRN, , March 2014, http://www.euromedrights.org/eng/wp-content/uploads/2014/03/EN_AdvPaper-On-PalWomen_06MAR2014_WEB.pdf 4 Report of theShow Specialof Force: Rapporteur Israeli Militaryon Freedom Conduct of Peaceful in Weekly Assembly Demonstrations and of Association, in a-Nabi Maina Saleh Kiai, A/HRC/23/39, para. 49-50, http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session20/Pages/ListReports.aspxRepression
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